Citation Nr: 0807581
Decision Date: 03/05/08 Archive Date: 03/12/08
DOCKET NO. 07-00 055A ) DATE
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On appeal from the
Department of Veterans Affairs (VA) Regional Office (RO)
in Hartford, Connecticut
THE ISSUES
1. Entitlement to service connection for broken foot bones.
2. Entitlement to service connection for hernia.
3. Entitlement to service connection for left index finger
injury.
4. Entitlement to service connection for hearing loss.
5. Entitlement to service connection for hoarseness or other
mouth condition, claimed as trench mouth.
6. Entitlement to service connection for degenerative
changes of the lumbar spine, claimed as a back disorder.
7. Entitlement to service connection for a heart attack.
8. Entitlement to service connection for a collapsed lung.
9. Entitlement to service connection for kidney stones.
10. Entitlement to service connection for a hip disorder.
11. Entitlement to service connection for a knee disorder.
12. Entitlement to service connection for asbestosis.
REPRESENTATION
Appellant represented by: Veterans of the Vietnam War,
Inc.
ATTORNEY FOR THE BOARD
J. H. Nilon, Counsel
INTRODUCTION
The veteran had active military service from May 1954 to May
1957.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a May 2006 RO rating decision.
FINDINGS OF FACT
1. The veteran in this case served on active duty from May
1954 to May 1957.
2. In February 2008, the Board received a death certificate
confirming that the veteran had died on October [redacted], 2007
prior to active consideration of his appeal.
CONCLUSION OF LAW
Because of the death of the veteran, the Board has no
jurisdiction to adjudicate the merits of the claims on
appeal. 38 U.S.C.A. § 7104(a) (West 2007); 38 C.F.R.
§ 20.1302 (2007).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Unfortunately, the veteran died during the pendancy of the
appeal. As a matter of law, veterans' claims do not survive
their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44
(Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34
(1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994).
This appeal on the merits has become moot by virtue of the
death of the veteran and must be dismissed for lack of
jurisdiction. See 38 U.S.C.A. § 7104(a) (West 2007); 38
C.F.R. § 20.1302 (2007). In reaching this determination, the
Board intimates no opinion as to the merits of this appeal or
to any derivative claim brought by a survivor of the veteran.
See 38 C.F.R. § 20.1106 (2007).
ORDER
The appeal is dismissed.
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STEPHEN L. WILKINS
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs